YOUR AGREEMENT WITH ALAMI ALOR RESORT
This is a legally binding agreement. Please read carefully before signing.
1. Responsibilities & Assumption of Risk
I voluntarily choose to enter the premises of the hotel/resort PT WISATA TANJUNG WOLWAL for my hosted hotel stay including full room & board and voluntarily choose to participate in activities such as scuba diving, snorkelling, and/or related water activities with PT SELAM TANJUNG WOLWAL (both trading under the name of Alami Alor Resort), as organised through ALOR ISLAND RESORTS LLC or one of its international travel agent partners.
I further acknowledge and understand that any Activities I engage in are at my sole choice and discretion. I release, forever discharge, defend, indemnify, and hold harmless Alami Alor Resort and its affiliates, insurers, owners, partners, members, employees, agents and/or independent contractors (hereinafter referred to as “Released Parties”) from any and all liability, claims, and demands of whatever kind or nature, either in law or in equity, which arise or may hereafter arise from the Hotel Stay or Activities at Alami Alor Resort.
I understand that Alami Alor Resort is located on the remote tropical island of Alor in east Indonesia inside an oceanfront tropical forest with potential environmental hazards which could result from the proximity to the forest, ocean, volcanos; from tropical weather such as rain & wind; from ocean current, tidal change, waves; bites or stings from local wildlife such as land insects, reptiles or marine life. Basic medical services for general first aid are available, but supply of prescription medication is limited and distance to medical facilities equipped to deal with more serious injury or illness involves air travel. I understand that it my responsibility to bring an adequate supply of any required prescription medication from my home that is sufficient to last the duration of my stay.
I will not hold Alami Alor Resort or Released Parties liable for injuries such as those resulting from trips or falls; illness including but not limited to cold, flu, gastrointestinal issues; for lost, stolen or damaged property while travelling to and from the Resort or during the Resort staying either the hotel or Dive & Snorkel Center.
I recognize and understand that my Activities at Alami Alor Resort may, in some situations, involve inherently dangerous activities such as Scuba Diving & Snorkelling from the Resort dock, Scuba Diving & Snorkelling from the resort boats and other boat trips (hereinafter referred to collectively as “Excursions.”)
For Scuba Divers:
I confirm I am a certified scuba diver of Open Water (or equivalent) or above certification level and will dive within my training and experience limits. I will conduct a pre-dive safety check of my equipment prior to all dives.
I know that scuba diving has inherent risks including those risks associated with boat travel to and from the dive sites which may result in serious injury or death. I understand that scuba diving with compressed air involves certain inherent risks; including but not limited to decompression sickness, embolism or other hyperbaric/air expansion injury that require treatment in a recompression chamber. If I am scuba diving with oxygen enriched air (“Enriched Air Nitrox”) or other gas blends including oxygen, I also understand that it involves inherent risks of oxygen toxicity and/or improper mixtures of breathing gas. I acknowledge both house reef diving from The Resort dock and boat Excursions include risks of slipping or falling while on the dock, on board the boat, entering or exiting the water by back roll, forward stride, or other entry method, being cut or struck by a boat while in the water, and other perils of the sea. I further understand that Excursions will be conducted at various sites that are remote, either by time or distance or both, from medical facilities and a recompression chamber. I still choose to proceed with the Excursions in spite of the absence of medical facilities and a recompression chamber in proximity to the dive sites.
I understand and agree that neither Alami Alor Resort nor the dive professional(s) or other Released Parties who may be present at the dive sites or Resort may be held liable or responsible in any way for any injury, death or other damages to me, my family, estate, heirs or assigns that may occur during the Excursions as a result of my participation in the Excursions or as a result of the negligence of any party, including the Released Parties, whether passive or active.
I affirm I am in good mental and physical fitness for the Excursions. I further state that I will not participate in any Excursion if I am under the influence of alcohol or any drugs that are contraindicated to diving. If I am taking medication, I affirm that I have seen a physician and have approval to dive while under the influence of the medication/drugs. I understand that diving is a physically strenuous activity and that I will be exerting myself during the Excursions and that if I am injured as a result of heart attack, panic, hyperventilation, drowning or any other cause, that I expressly assume the risk of said injuries and that I will not hold the Released Parties responsible for the same. I acknowledge that Alami Alor may refuse to let me dive if they believe I am unfit or unprepared.
I am aware that safe dive practices suggest diving with a buddy unless trained as a self-reliant diver. I am aware it is my responsibility to plan my dive allowing for my diving experience and limitations, and the prevailing water conditions and environment. I will not hold the Released Parties responsible for my failure to safely plan my dive, dive my plan, and follow the instructions and dive briefing of the dive professional(s).
When diving from the Resort House Reef or a boat, I will be present at and attentive to the briefing given by the crew. If there is anything I do not understand I will notify the crew, boat captain or a supervisor or manager immediately. I acknowledge it is my responsibility to plan my dives as no- decompression dives, and within parameters that allow me to make a safety stop before ascending to the surface, arriving to the dock or on board the vessel with gas remaining in my cylinder as a
measure of safety. If I become distressed on the surface I will immediately drop my weights and inflate my BCD (orally or with low pressure inflator) to establish buoyancy on the surface.
I acknowledge Released Parties may provide an in-water guide (hereinafter “Guide”) during the Excursions. The Guide is present to assist in navigation during the dives and identifying local flora and fauna. I acknowledge it is my responsibility to stay in proximity to the Guide during the dive. I assume all risks associated with my choice whether to dive in proximity to the Guide or to dive independent of the Guide. I acknowledge my participation in diving is at my own risk and peril.
I affirm it is my responsibility to inspect all of the equipment I will be using prior to the leaving the dock for the Excursions and that I should not dive if the equipment is not functioning properly. I understand that equipment must be properly maintained and if using my own equipment, I confirm it is in good condition. If renting equipment from Alami Alor Resort, I will inspect it before use and report any issues. I will not hold the Released Parties responsible for my failure to inspect the equipment prior to diving or if I choose to dive with equipment that may not be functioning properly.
I accept responsibility for any loss or damage to rented equipment and agree to re-imburse The Resort for the replacement value prior to my departure.
For Snorkellers:
In consideration of being allowed to participate in snorkelling related activities both on the Resort House Reef and open water boat excursions, I hereby personally assume all risks whether foreseen or unforeseen, that may befall me while I am participating. I further release, exempt and hold harmless said program and Released Parties from any claim or lawsuit by me, my family, estate, heirs or assigns, arising out of my enrolment and participation in said activities.
I understand that snorkelling and freediving (breath hold snorkelling / diving down) are physically strenuous activities and that I will be exerting myself during this program, and that if I am injured as a result of heart attack, panic, hyperventilation, drowning, injuries from marine life including bites, stings, envenomation, and infections; illness or injuries as the resolute of exposure to sun, dehydration, exhaustion, or heatstroke; risks associated with boat travel, including falls, collisions, or capsizing or any other cause, that I expressly assume the risk of said injuries and that I will not hold the Released Parties responsible for the same.
I understand that past or present medical conditions may be contraindicative to my participation snorkelling activities. I affirm that I am not currently suffering from a cold or congestion or have an ear infection. I affirm that I do not have a history of seizures, dizziness or fainting, or a history of heart condition (e.g. cardiovascular disease, angina, heart attack) or else I have been cleared by a doctor to participate in ocean sport such as snorkelling and freediving. I further affirm that I do not
have a history of respiratory problems such as emphysema or tuberculosis. I affirm that I am not currently taking medication that carries a warning about any impairment of my physical or mental abilities or that would be a contraindication to my safe participation in snorkelling and freediving activities. I affirm that I am physically and mentally fit for snorkelling and freediving activities and will notify Alami Alor Resort of any changes to my health or symptoms that may arise before, during, or after my participation.
I confirm I can swim confidently in open water and will follow safety instructions and remain aware of my surroundings.
I acknowledge Released Parties may provide an in-water guide (hereinafter “Guide”) during the Excursions. The Guide is present to assist in navigation during the snorkelling sessions and identifying local flora and fauna. I acknowledge it is my responsibility to stay in proximity to the Guide during the session. I assume all risks associated with my choice whether to stay in proximity to the Guide or to snorkel independent of the Guide. I acknowledge my participation in snorkelling and freediving is at my own risk and peril.
I affirm it is my responsibility to inspect all of the equipment I will be using prior to the leaving the dock for the Excursions. If using my own equipment, I confirm it is in good condition. If renting equipment from Alami Alor Resort, I will inspect it before use and report any issues. I will not hold the Released Parties responsible for my failure to inspect the equipment prior to snorkelling or if I choose to snorkel with equipment that may not be functioning properly.
I accept responsibility for any loss or damage to rented equipment and agree to re-imburse The Resort for the replacement value prior to my departure.
2. Medical Emergencies:
I acknowledge Released Parties have made no representation to me, implied or otherwise, that they or their crew can or will perform affective rescues or render first aid. In the event I show signs of distress or call for aid I would like assistance and will not hold the Released Parties, their crew, dive boats or other passengers responsible for their actions in attempting the performance of rescue or first aid.
I agree to provide Alami Alor Resort with my accurate insurance and emergency contact details, and authorize Alami Alor to coordinate with my insurance carrier and arrange emergency medical treatment if necessary, including evacuation and recompression therapy. If my insurance does not cover said services, I authorise Alami Alor to make these arrangements independently to the best of their ability and understand that these services may be costly. Alami Alor is not responsible for covering these expenses, and I am personally responsible for any medical and/or evacuation costs.
3. Insurance Advisory:
We strongly urge you to ensure that you are sufficiently covered when making your reservations for the Resort stay and associated travel. We advise to seek coverage for flight and accommodation cancellation and other travel related eventualities in case of flight delay, schedule changes, last minute personal emergencies, or other inconvenience prior to or while travelling to and from the
Resort. Your travel insurance should cover yourself and those accompanying you against trip delay, illness, injury, medical evacuation, death, and loss of belongings. Alami Alor Resort and the Released Parties do not assume responsibility for any trip delay or trip disruption.
If participating in Scuba Diving activities, we further advise to seek coverage that specifically covers suspected barotrauma injury including full medical evacuation as the nearest recompression chamber is located on the island of Bali approximately 1000km away / 2 hours by low-altitude medical plane evacuation. DAN Diver Alert Network offers both annual membership or specific trip insurance that includes scuba diving and snorkelling coverage along with general travel coverage.
4. Governing Law and Disputes This agreement shall be governed by the laws of Indonesia. Any disputes shall be resolved in Indonesian courts. If any part of this agreement is unenforceable, the rest will remain valid.
5. Acknowledgement and Signature
I hereby state and agree that this Agreement will be effective for all Excursions in which I participate for one (1) year from the date on which I sign this Agreement.
I further state that I am of lawful age and legally competent to sign this liability release, or that I have acquired the written consent of my parent or guardian. I understand the terms herein are contractual and not a mere recital, and that I have signed this Agreement of my own free act and with the knowledge that I hereby agree to waive my legal rights. I further agree that if any provision of this Agreement is found to be unenforceable or invalid, that provision shall be severed from this Agreement. The remainder of this Agreement will then be construed as though the unenforceable provision had never been contained herein. I understand and agree that I am not only giving up my right to sue the Released Parties but also any rights my heirs, assigns, or beneficiaries may have to sue the Released Parties resulting from my death. I further represent that I have the authority to do so and that my heirs, assigns, and beneficiaries will be estopped from claiming otherwise because of my representations to the Released Parties.
I, ________________________________________________(printed full name), BY THIS INSTRUMENT, AGREE TO EXEMPT AND RELEASE THE RELEASED PARTIES DEFINED ABOVE FROM ALL LIABILITY OR RESPONSIBILITY WHATSOEVER FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH HOWEVER CAUSED, INCLUDING BUT NOT LIMITED TO THE NEGLIGENCE OF THE RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE.
I HAVE FULLY INFORMED MYSELF AND MY HEIRS OF THE CONTENTS OF THIS NON-AGENCY DISCLOSURE AND ACKNOWLEDGMENT AGREEMENT, AND LIABILITY RELEASE AND ASSUMPTION OF RISK AGREEMENT BY READING BOTH BEFORE SIGNING BELOW ON BEHALF OF MYSELF AND MY HEIRS.